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S10515 Summary:

BILL NOS10515
 
SAME ASSAME AS A07184
 
SPONSORSCARCELLA-SPANTON
 
COSPNSR
 
MLTSPNSR
 
Add §390-cc, Gen Bus L; add Art 157 §§157.00 & 157.05, amd §60.27, Pen L
 
Enacts the "wireless security enforcement act" to prohibit the sale of wireless signal jammer devices; defines terms; provides that a person is guilty of prohibited use of a wireless signal jammer device if they engage in the possession, manufacture, importation, marketing, or sale of wireless signal jammer devices; requires restitution.
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S10515 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10515
 
                    IN SENATE
 
                                      May 15, 2026
                                       ___________
 
        Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
          and when printed to be committed to  the  Committee  on  Internet  and
          Technology
 
        AN  ACT to amend the general business law and the penal law, in relation
          to the enforcement of the prohibition on the use  of  wireless  signal
          jammer devices
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and may be cited as  the  "wireless
     2  security enforcement (WiSE) act".
     3    §  2. The general business law is amended by adding a new section 390-
     4  cc to read as follows:
     5    § 390-cc. Sale of prohibited wireless signal jammer  devices.  1.  For
     6  the  purposes of this section, "wireless signal jammer device" means any
     7  device that prohibits the operation, manufacture,  importation,  market-
     8  ing,  and  sale of equipment designed to jam or otherwise interfere with
     9  authorized radio communications, such as radar, internet,  global  posi-
    10  tioning system (GPS), and cell phone communications.
    11    2. Upon notice by any local or state law enforcement agency, any busi-
    12  ness  or  establishment  that  engages  in the manufacture, importation,
    13  marketing, or sale of wireless signal jammer devices shall be prohibited
    14  from operating said business or establishment within  the  state  for  a
    15  period  of  at  least one year. This provision shall not be construed to
    16  absolve said business or establishment from any other penalties pursuant
    17  to local, state or federal law.
    18    3. (a) Whenever it  appears  to  the  attorney  general,  either  upon
    19  complaint  or  otherwise,  that any person, within or outside the state,
    20  has engaged in or is about to engage in any of  the  acts  or  practices
    21  stated to be unlawful in this section, the attorney general may bring an
    22  action  or special proceeding in the name and on behalf of the people of
    23  the state of New York to enjoin any violation of this section, to obtain
    24  restitution of any moneys or property obtained directly or indirectly by
    25  any such violation, to obtain  disgorgement  of  any  profits  or  gains
    26  obtained directly or indirectly by any such violation, including but not
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08729-01-5

        S. 10515                            2
 
     1  limited  to  the  destruction of unlawfully obtained data and algorithms
     2  trained on such data, to obtain damages caused directly or indirectly by
     3  any such violation, to obtain  civil  penalties  which  may  exceed  one
     4  hundred thousand dollars per violation, and to obtain any such other and
     5  further  relief  as  the  court  may  deem proper, including preliminary
     6  relief.
     7    (b) Any property owner or business owner who has  been  injured  by  a
     8  violation of this section which resulted in the commission of a crime to
     9  a  person, person's property, or a person's business may bring an action
    10  to obtain:
    11    (i) Damages which may exceed one hundred thousand dollars per incident
    12  or actual damages, whichever is greater;
    13    (ii) Injunctive or declaratory relief; and/or
    14    (iii) Any other relief the court deems proper.
    15    4. The court may award reasonable  attorneys'  fees  to  a  prevailing
    16  plaintiff.
    17    §  3.  The penal law is amended by adding a new article 157 to read as
    18  follows:
    19                                  ARTICLE 157
    20         OFFENSES INVOLVING PROHIBITED WIRELESS SIGNAL JAMMER DEVICES
    21  Section 157.00 Offenses  involving  prohibited  wireless  signal  jammer
    22                   devices; definitions of terms.
    23          157.05 Prohibited use of wireless signal jammer devices.
    24  § 157.00 Offenses  involving  prohibited wireless signal jammer devices;
    25             definitions of terms.
    26    For the purposes of this  article,  "wireless  signal  jammer  device"
    27  means any device that prohibits the operation, manufacture, importation,
    28  marketing,  and sale of equipment designed to jam or otherwise interfere
    29  with authorized radio communications, such as  radar,  internet,  global
    30  positioning system (GPS), and cell phone communications.
    31  § 157.05 Prohibited use of wireless signal jammer devices.
    32    A  person  is  guilty  of  prohibited  use of a wireless signal jammer
    33  device if they  engage  in  the  possession,  manufacture,  importation,
    34  marketing, or sale of wireless signal jammer devices.
    35    Prohibited use of a wireless signal jammer device is a class D felony.
    36    §  4. Section 60.27 of the penal law is amended by adding a new subdi-
    37  vision 15 to read as follows:
    38    15. Notwithstanding any other provision of this section to the contra-
    39  ry, when a person is convicted of prohibited use of  a  wireless  signal
    40  jammer  device  as defined in section 157.05 of this chapter, the court,
    41  in addition to any other sentence, shall order the payment  of  restitu-
    42  tion  to  the  person  who  was  harmed,  directly or indirectly, by the
    43  prohibited use of a wireless signal jammer device.
    44    § 5. This act shall take effect immediately.
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